Resolution-PC 2001-163~ •
RESOLUTION NO. PC2001-163
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 4078, AS AMENDED,
INCLUDING MODIFICATION TO THE LAND USES AND MAXIMUM SQUARE FOOTAGES
OF THE POINTE ANAHEIM LIFESTYLE RETAIL AND ENTERTAINMENT COMPLEX, DEVELOPMENT
IN UP TO FIVE PHASES, MODIFICATION OF THE WAIVER OF MINIMUM NUMBER OF PARKING
SPACES, AND AMENDMENT TO THE CONDITIONS OF APPROVAL
WHEREAS, on June 22, 1999, the Anaheim City Council adopted Resolution No. 99R-
136 to grant Conditional Use Permit No. 4078 and permit the Pointe Anaheim Lifestyle retail and
Entertainment Complex consisting of up to 565,000 gross square feet of retail/dining/entertainment uses;
two to three hotels comprising 1,050 hotel rooms/suites with approximately 86,985 gross square feet of
related accessory uses (the hotel rooms/accessory uses would encompass a maximum of 923,800 gross
square feet) and an approximately 141,200 gross square foot area on the top floor of the parking
structure to be used to provide parking and/or hotel amenities serving guests and patrons of the Pointe
Anaheim hotels only; up to three theaters with a total of 4,600 seats for live performances or,
alternatively, a 24-screen movie theater with 4,757 seats; a 1,600,000 gross square foot parking
structure with 4,800 striped parking spaces and 25 bus spaces with provision to park an additional 400
vehicles, which would bring the total number of vehicles that can be accommodated in the garage to
5,200 cars, and including a 21,600 gross square foot bus terminal/facility for airport transport and to/from
sightseeing venues; and waiver of the minimum number of parking spaces (7,668 spaces required, 4,800
striped spaces proposed with provision for an additional 400 vehicles bringing the total number of
vehieles-~Yra~ ea~r be aeeQ~~odated-E~- ~k~e pa~kf~g structure to 5,200); ar~d that develapment o# the
project was approved to take place in a single phase; and
WNEREAS, pursuan# t~ ~hapter 18.93 of the Anaheim Municipal Code, Robe~# H.
Shelton, Anaheim Center for Entertainment, LLC, as authorized agent for Excel Pointe Anaheim, LLC,
submitted a request dated March 12, 2001, that the Planning Commission initiate General Plan
Amendment No. 2001-00393, Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1,
Amendment to Conditional Use Permit No. 4078 and other related actions pertaining to the Pointe
Anaheim project, as proposed to be modified including development in up to five phase, on property
within the Specific Plan not owned by Excel Pointe Anaheim, LLC; and
WHEREAS, the Planning Commission, by its Resolution No. PC2001-41, duly initiated
General Plan Amendment No. 2001-00393, Amendment No. 5 to The Disneyland Resort Specific Plan
No. 92-1, Amendment to Conditional Use Permit No. 4078 and other related actions at its regularly
scheduled meeting on April 9, 2001; and
WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, Robert H.
Shelton, Anaheim Center for Entertainment, LLC, as authorized agent for Excel Pointe Anaheim, LLC,
submitted requests on October 29, 2001 for General Plan Amendment No. 2001-00393, Amendment No.
5 to The Disneyland Resort Specific Plan No. 92-1, Amendment to Conditional Use Permit No. 4078, a
request for the City of Anaheim to enter into the First Amended and Restated Development Agreement
No. 99-1 with Excel Pointe Anaheim, LLC, and Amendment No. 3 to The Anaheim Resort Public Realm
Landscape Program, which proposed project actions address the Pointe Anaheim project as it is
proposed to be modified, including development in up to five phases over time; and
WHEREAS, the Pointe Anaheim project site is an irregularly-shaped project area
consisting of approximately 29.1 acres located befinreen Harbor Boulevard and Clementine Street, and
Disney Way and Katella Avenue; having approximate frontages of 1,500 feet on the south side of Disney
Way befinreen Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street
Tracking No. CUP2001-04356
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between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine
Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet
west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between
Disney Way and a point 615 feet south of the centerline of Disney Way; and that the project area
includes buildings at the following addresses: 400 West Disney Way, 1737 South Clementine Street,
1755 South Clementine Street, 1700 South Harbor Boulevard, 301 West Katella Avenue, and 401-409
West Katella Avenue; and that the project site is more specifically described in Exhibit A attached to this
resolution; and
WHEREAS, the City Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, in the City of Anaheim on November 19, 2001,
at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance
with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and
against said proposed conditional use permit and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.78.095.050, 18.78.100.050 and 18.78.105.020 to permit the Pointe
Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim ProjecY') consisting of up to
634,700 gross square feet of retail/dining/entertainment uses, which includes a 94,000 square foot
_ _ _ -~q~~fir~rrt; -r~p to-foar-hatefs ear~tpri~ir~g~ ~rraxir~ur~rQ~'F,662-~Qtel-roQr~s/sartes fQ~whiel~-up ta--2E}o-anits
may be Vacation Ownership Resort units) with approximately 322,071 gross square feet of related
accessory uses of which up to 178,120 gross square feet on top of the parking structure may be used for
a hotel cQnferen~e c~nter (#h~ hotel rooms/sui#es and ~cce~sQry uses vvould encompass a rnaximum of
1,370,711 gross square feet); and a 1,949,800 gross square foot parking structure with up to 4,800
striped parking spaces (the minimum number of striped parking spaces would be 3,752) and 15 bus
spaces with a 10,200 square foot bus terminal/facility for airport transport and to/from sightseeing venues;
and that the proposed development of the Pointe Anaheim Project would take place in up to five phases
over time.
2. That the proposal includes waiver of the following to reflect the Pointe Anaheim Project,
as proposed to be modified:
Sections 18.06.050.020 - Minimum number of parkinq spaces.
18.06.080 (6,581 spaces required;
and 18.78.110.010.0104 up to 4,800 spaces in the parking structure proposed with the minimum
being 3,752 spaces)
3. That the waiver of minimum number of parking spaces is hereby approved on the basis
of the information contained in the parking analysis in the Pointe Anaheim Transportation Study
(Revised), dated March 12, 2001 and prepared by Meyer, lVlohaddes Associates, lnc., which parking
demand analysis determined the peak parking demand to be 3,573 spaces at 1 PM and that inasmuch as
up to 4,800 striped parking spaces (with a minimum of 3,752 spaces depending on project build-out and
density of development) and 15 bus spaces, will be provided pursuant to the mitigation measures set
forth in Modified Mitigation Monitoring Plan No. 004, the waiver will not cause fewer spaces to be
provided for the Pointe Anaheim project than the number of such spaces necessary to accommodate all
vehicles attributable to the Pointe Anaheim project under the normal and reasonably foreseeable
conditions of operation of such use.
4. That on-street parking is not provided on any of the streets in the immediate vicinity of the
proposed project, so visitors to the project would not expect to park on the street; that visitors will park in
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the on-site parking structure provided at the Pointe Anaheim project; that, in accordance with the
mitigation measures set forth in Modified Mitigation Monitoring Plan No. 004, the parking structure will
accommodate up to 4,800 cars, which is more than the 1 PM peak parking demand of 3,573 spaces; and
that, therefore, the waiver will not increase the demand and competition for parking spaces upon the
public streets in the immediate vicinity of the Pointe Anaheim project.
5. That, as demonstrated in the parking analysis, the Pointe Anaheim parking structure will
provide adequate spaces to meet the project's parking demands on-site, so the waiver will not increase
the demand and competition for parking spaces upon adjacent private property in the immediate vicinity
of the Pointe Anaheim project.
6. That on-site circulation in the parking structure will be designed to minimize congestion
on-site and that pursuant to the mitigation measures set forth in Modified Mitigation Monitoring Plan No.
004 and the Pointe Anaheim Overlay zoning and site development standards, the parking structure layout
and signing plan will be reviewed and approved by the City Traffic and Transportation Manager prior to
Final Site Plan approval for each development phase and, therefore, the waiver will not increase traffic
congestion within the off-street parking areas or lots provided for such use.
7. That the City Traffic and Transportation Manager has reviewed the transporation study
and determined that, with the exception of the driveway on Katella Avenue which is conditioned to be
combined with the Super 8 Motet driveway or redesigned to comply with Code requirements, the
proposed Pointe Anaheim driveway entry and exit locations are appropriate for the project site; and that
with the installation of a right-turn lane on the south side of Disney Way and installation of dual left turn
- -- _. _ _la~es-far-w€~~bou~d-t~a~ic-alo~g-Di~~e~C ~a~to-tk~e-sig~alized-pr-aject-e~t~y befinreen-Harbo~-~QUleuar-d -
and Clementine Street, the waiver, pursuant to the mitigation measures set forth in Modified Mitigation
Monitoring Program No. 004, will not impede vehicular ingress to or egress from adjacent properties upon
the public streets in the immediate vicinity of the use, as proposed to be modified.
8. That granting of the waiver shall be deemed contingent upon operation of the approved
use in conformance with the assumptions relating to the operation and intensity of the uses as contained
in the parking demand study that formed the basis for approval of said waiver; and that exceeding,
violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking
demand study shali be deemed a violation of the express conditions imposed upon said waiver, which
shall subject said waiver to termination or modification pursuant to the provisions of Section 18.03.091
and 18.03.092 of the Zoning Code.
9. That the proposal is consistent with the goals and policies of the Anaheim General Plan,
as proposed for amendment pursuant to General Plan Amendment No. 2001-00393, and with the
purposes, standards and land use guidelines therein.
10. That as demonstrated in the findings for approval of Amendment No. 5 to The Disneyland
Resort Specific Plan No. 92-1 (Resolution No. PC2001-161), which amends the provisions for the Pointe
Anaheim Overlay and the development of the Pointe Anaheim project, the proposed Pointe Anaheim
uses will not adverseiy affect the adjoining iand uses and the growth and deveiopment of the area in
which said uses are proposed to be located.
11. That inasmuch as the Pointe Anaheim project is proposed to be developed in accordance
with the zoning and development standards set forth for the Pointe Anaheim Overlay, the size and shape
of the site for the proposed use is adequate to allow full development of the proposal in a manner not
detrimental to the particular area nor to the peace, health, safety and general welfare.
12. That as demonstrated in the Pointe Anaheim Transportation Study (Revised), dated
March 12, 2001 and prepared by Meyer, Mohaddes Associates, Inc., the traffic generated by the
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proposed use will not impose an undue burden upon the streets and highways designed and improved to
carry the~traffic in the area.
13. That granting this conditional use permit, under the conditions of approval herein, will not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
14. That this conditional use permit entitles the uses, maximum gross square footage and
conceptual site plans and elevations associated with the Pointe Anaheim Project, as modified herein
including development in up to five phases; and that detailed Final Site Plans are required to be
submitted for Planning Commission review and approval as "Reports and Recommendations" items prior
to approval of the first grading plan or subdivision plan or prior to issuance of the first building permit,
whichever occurs first, for each development phase.
15. That one person spoke at the public hearing in opposition to the proposal and requested
that the hearing be continued; that one concerned person spoke with questions and suggestions
regarding the proposal; and that letters regarding the proposal were received.
WHEREAS, the Anaheim City Planning Commission has reviewed the proposal for
Amendment to Conditional Use Permit No. 4078, and by its Resolution No. PC2001-159 has found and
recommended that the City Council determine that the Addendum to the Pointe Anaheim Initial Study and
Mitigated Negative Declaration dated October 29, 2001 is adequate to serve as the required
environmental documentation for the proposed Amendment; and further finding that there is no
substantial evidence, with the imposition of the mitigation measures identified in Modified Mitigation
Morritoring Program No: E}04; ~Fie AFrtendment will htave a sigrtt~iear~~ effect on the e~vfFO~~e~~.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing facts and
finc~ings, t~~ Anaheim Gi#y Planning C9mmission does amend Resolution No. 99R-136; adopted in
connection with Conditional Use Permit No. 4078, in its entirety, to grant Conditional Use Permit No.
4078, as amended, with waiver of minimum number of parking spaces, subject to the following conditions
which are hereby found to be a necessary prerequisite to the proposed use of the subject property in
order to preserve the safety and general welfare of the Citizens of the City of Anaheim:
ELECTRICAL
That prior to issuance of each building permit, unless records indicate previous payment, a fee for
street lighting purposes shall be paid to the City of Anaheim based on the length of street frontage
in an amount as established by City Council resolution with credit against the fee given for city-
authorized improvements installed by the property owner/developer.
(The Disneyland Resort Specific Plan ("SP'] Condition No. 1)
That pedestrian walkways in the public rights-of-way shall be reviewed and approved by the Public
Utilities Department, Electrical Services Division, and the Police Department prior to installation.
3. That prior to approval of each tentative tract or parcel map or each airspace or vertical subdivision
map for the Pointe Anaheim project, or prior to issuance of each building permit, whichever occurs
first, public utiliry easements ("PUE's") will be recorded and/or abandonment of PUE's will be
processed to the satisfaction of the Public Utilities Department for the following circumstances:
A. As a result of increases in rights-of-way, where electrical and communication facilities are
located adjacent to the existing right-of-way, the facilities shall be either located within the
new right-of-way or relocated to new adjacent areas, requiring a PUE.
B. The undergrounding of power and communication lines along the major streets will result in
the need to obtain PUE's for placement of pad mounted equipment and related facilities
required as a result of the overhead to underground conversion work.
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ELECTRICAL (continued)
.
3. C. Alterations to existing private buildings and/or construction of new structures (buildings,
signs, landscaping elements, etc.) may require relocation of existing electrical and/or
communication facilities. This will require abandonment of existing PUE's and recordation of
new PUE's to accommodate such relocation.
4. A. That the roadway lighting of all public streets shall be designed in accordance with the
Anaheim Resort Identity Program and associated construction specifications.
C. That the property owner/developer shall pay or cause to be paid all costs associated with
replacing the existing City of Anaheim street light system within the public rights-of-way
adjacent to or within The Disneyland Resort Specific Plan Area with street lights designed in
accordance with the Anaheim Resort Identity Program.
(SP Condition No. 4-A and C)
ENGINEERING
5. That the following street design elements shall be shown on each tentative tract or parcel map:
A. Street cross-sections, including dimensions, labels, General Plan Circulation Element
designation (i.e., Resort Secondary), and whether public or private;
B. Street grades and vertical alignment; and
C. Horizontal alignment, including centerline radii, and cul-de-sac radii.
(SP Condition No. 5-A through C)
6. That prior to approval of each final tract or parcel map, vehicular access rights to all public streets
adjacent to subject tract or parcel, except at approved access points, shall be released and
relinquished to the City of Anaheim.
(SP Condition No. 6J
7. That prior to approval of each street improvement plan, the following shalf be provided (for a one (1)
year maintenance period) in a manner acceptable to the City Engineer:
A. Public Realm parkway and median island landscaping and irrigation maintenance. (The
"Public Realm" is described in subsection 5.3 "Landscape Concept Plan" of Section 5.0
"Design Plan" of The Disneyland Resort Specific Plan document.)
B. Provision for replacement of any tree planted in accordance with landscaping plans in a
timely manner in the event that it is removed, damaged, diseased and/or dies.
(SP Condition No. 7-A and 8)
8. That prior to issuance of each grading permit, a rough or precise grading plan prepared by a
registered Civil Engineer shall be submitted to the City Engineer for review and approval.
(SP Condition No. 8)
9. That all storm drain, sewer and street improvement plans shalt be designed and improvements
constructed to the satisfaction of the City Engineer.
(SP Condition No. 9)
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FIRE
10. That prior to approval of each Final Site Plan and prior to issuance of each building permit, plans
shall be reviewed and approved by the Fire Department as being in conformance with the Uniform
Fire Code.
(SP Condition No. 10)
11. That prior to placement of building materials on a building site, an all-weather road/driving surface
shall be provided from the roadway system to and on the construction site and to fire hydrants at all
times, as required by the Fire Department. Such routes shall be paved or, subject to approval of
the Fire Department, shall otherwise provide adequate emergency access. Every building
constructed must be accessible to Fire Department apparatus. The width and turning radius of the
driving surface must meet the requirements of Section 902 "Fire Department Access" of the
Uniform Fire Code as adopted by the City of Anaheim.
12. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box"
devices as required and approved by the Fire Department.
(SP Condition No. 12)
13. That prior to approval of on-site water plans, unless each commercial building is initially connected
to separate fire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall
be recorded prohibiting any individual sale of buildings until separate fire services are instalfed in
the building(s) subject to the sale.
(SP Condition No. 13)
LANDSCAPI NG
14. That root and sidewalk barriers shall be provided for trees (with the exception of palm trees) within
seven (7) feet of public sidewalks, unless determined to be unnecessary by the City Engineer.
(SP Condition No. 17)
15. That all trees planted in the Public Realm shall be planted in accordance with the-standard City
specifications.
16. That prior to final building and zoning inspections, a licensed landscape architect shall certify to the
Planning Department that all landscaping has been installed in accordance with landscaping plans
approved by the City and on file with the Building Division of the Planning Department.
(SP Condition No. 19)
17. That on-site non-Public Realm landscaping and irrigation systems, and Public Realm landscaping
and irrigation systems within areas in which dedication has not been accepted by the City, shall be
maintained by the property owner%developer in compliance with City standards.
(SP Condition No. 20)
18. That any tree planted within the Setback Realm shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies. (The "Setback Reaim" is described in
subsection 5.3 "Landscape Concept Plan" of Section 5.0 "Design Plan" of The Disneyland Resort
Specific Plan document.)
(SP Condition No. 21)
19. That a licensed arborist shall be responsible for all tree trimming within the Setback Realm.
(SP Condition No. 22)
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NOISE
•
20. That prior to the commencement of construction activity, the property owner/developer shaii install
and maintain specially designed construction barriers at the construction project perimeter areas.
The construction sound barriers shall be a minimum height of eight (8) feet with a minimum surface
weight of one and one-quarter pounds (1.25 Ibs.) per square foot or a minimum Sound
Transmission Class Rating (STC) of 25. The structure shall be a continuous barrier. Gates and
other entry doors shall be constructed with suitable mullions, astragals, seals, or other design
techniques to minimize sound leakage when in the closed position. Access doors should be self
closing where feasible. Vision ports are permissible providing they are filled with an acceptable
solid vision product.
(SP Condition No. 23)
21. That sweeping operations in the parking facilities and private streets or on-site roadways shal! be
performed utilizing sweeping/scrubbing equipment which operates at a sound level measuring not
greater than 60 dBA at the nearest adjacent property line.
(SP Condition No. 24)
22. That pressure washing operations for purposes of building repair and maintenance due to graffiti or
other aesthetic considerations shall be limited to daytime hours of operation between 7:00 a.m. and
8:00 p.m.
(SP Condition No. 25)
PLANNING RELATED
23. That no development shall occur unless such development is substantially in accordance with The
Disneyland Resort Specific Plan No. 92-1 document on file with the Planning Department and
marked Exhibit A, Amendment No. 4, and with Amendment No. 5 to The Disneyland Resort
Specific Plan No. 92-1. (It should be noted that Amendment No. 4 and Amendment No. 5 to The
Disneyland Resort Specific Plan No. 92-1 text and accompanying exhibit changes relate to
development which may occur under the Pointe Anaheim Overlay only. These changes are set
forth in Ordinance No. 5689 and Ordinance No. . Except as specifically set forth in said
ordinances, all other Disneyland Resort Specific Plan No. 92-1 provisions, including those adopted
in connection with Amendment No. 3 to The Disneyland Resort Specific Plan {Ordinance No. 5580)
and Adjustments to The Disneyland Resort Specific Plan (Ordinance Nos. 5613, 5736 and 5768),
remain unchanged.
(SP Condition No. 27)
24. That the Final Site Plans for each development phase of Pointe Anaheim (as shown on Exhibit No.
1, titled "Phasing Diagram" and dated November 19, 2001) shall be prepared in conformance with
the Anaheim Resort Specific Plan Final Site Plan submittal requirements on file with the Zoning
Division of the Planning Department. Prior to issuance of building permits, construction plans shall
be in substantial conformance with said Final Site Plans.
25. That prior to issuance of building permits, unless records indicate previous payment, a fee for street
tree purposes shall be paid or caused to be paid to the City of Anaheim based on the iength of
street frontage in an amount as established by City Council resolution with credit against the fee
given for City-authorized improvements installed by the property owner/developer.
(SP Condition No. 30)
26. That prior to final building and zoning inspections, all air conditioning facilities and other roof and
ground mounted equipment shall be shielded from public view as required by the Specific Plan and
the sound buffered to comply with the City of Anaheim noise ordinances from any adjacent
residential or transient-occupied properties. Such information shall be specifically shown on the
plans submitted for building permits.
(SP Condition No. 31)
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PLANNING RELATED (continued)
27. That prior to final building and zoning inspections, all plumbing or other similar pipes and fixtures
located on building exteriors shall be fully screened from view of adjacent public rights-of-way and
from adjacent properties by architectural devices and/or appropriate building materials; and,
further, that such information shall be specifically shown on the plans submitted for building permits.
(SP Condition No. 32)
28. That the property owner/developer shall be responsible for removal of any on-site graffiti within
twenty four (24) hours of its application.
(SP Condition No. 33)
29. That the location and configuration of all lighting fixtures including ground-mounted lighting fixtures
utilized to accent buildings and landscape elements, or to illuminate pedestrian areas, shall be
shown on all Final Site Plans. All lighting fixtures shall be shielded to direct lighting toward the area
to be illuminated. All lighting fixtures, types and locations shall be identified on the plans submitted
for building permits.
(SP Condition No. 34)
30. That in connection with the submittal of Final Site Plans, building elevations shall show that the rear
elevations of buildings visible from a five (5) foot high view point from off-site areas shall be
architecturally accented to portray a finished look.
(SP Condition No. 35)
31: That in the event a parcel is subdivided aad there is a need-for common on-site circulation andlor
parking, prior to recordation of a subdivision map, an unsubordinated covenant providing for
reciprocal access and/or parking, as appropriate, approved by the City Traffic and Transportation
Manager and the Planning Department and in a form satisfactory to the City Attorney, shall be
recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall
then be submitted to the Planning Division of the Planning Department.
(SP Condition No. 36)
32. That no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation resort front
setback areas.
(SP Condition No. 37)
POLICE
33. That prior to approval of the Final Site Plan for each development phase and prior to issuance of
each building permit, the Anaheim Police Department shall review and approve plans for safety,
accessibility, crime prevention, and security provisions during both the construction and operative
phases.
33.a That prior to issuance of the first building permit for Area B shown on Exhibit No. 1(titled "Phasing
Diagram" and dated November 19, 2001), the plans which are required to be submitted for the
police/security office (to comply with the mitigation measures identified in Uiitigation Uionitoring Plan
No. 004) shall make provision for the following: changing rooms, restrooms, general office space,
public reception counter, adequate storage, and a temporary detention area, to the satisfaction of
the Police Department.
33.b That prior to issuance of each building permit, the plans which are required to be submitted to the
Police Department regarding safety and security measures incorporated into the project including
the parking structure (to comply with the mitigation measures identified in Mitigation Monitoring Plan
No. 004) shall include the use of bi-directional antennae to insure performance of public safety
radio communications equipment (800 Mhz) in eighty five percent (85%) of any structure or
developed area, as determined to be necessary by the Police Department.
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STREET MAINTENANCE
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34. That trash storage areas shall be provided and maintained in locations acceptable to the
Department of Maintenance and in accordance with approved plans on file with said Department.
Such information shall be specifically shown on the plans submitted for building permits.
(SP Condition No. 41)
TRAFFIC/CIRCULATION
35. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall
conform to Engineering Standard Plan No. 402 (titled "Parking Structure & Ramp Standard Detail")
and shall be subject to the review and approval of the City Traffic and Transportation Manager prior
to issuance of a building permit.
(SP Condition No. 44)
36. That prior to approval of the Final Site Plan, plans for vehicular and pedestrian circulation shall be
submitted to the City Traffic and Transportation Manager for review and approval showing
conformance with Section 5.0 "Design Plan" of the Specific Plan document pertaining to parking
standards. Subject property shall be developed and maintained in conformance with said plans.
(SP Condition No. 45)
37. That all driveways shall be constructed to the satisfaction of the City Engineer with radius curb
returns ranging from eight (8) to thirty five (35) feet, untess otherwise approved by the City
Engiaeer.
(SP Condition No. 46)
38. That prior to approval of the Final Site Plan for the parking structure or, if Pointe Anaheim is
developed in phases, prior to approval of the Final Site Plan for each development phase shown on
Exhibit No. 1, titled "Phasing Diagram" and dated November 19, 2001 (portions of the parking
structure may be in separate phases), signage plans shall be designed to enhance smooth traffic
flows on each level of the parking structure and shall be submitted to the City Traffic and
Transportation Manager for review and approval.
39. That all engineering requirements of the City of Anaheim, including preparation of improvement
plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities,
street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be
complied with as required by the City Engineer and in accordance with specifications on file in the
Office of the City Engineer, as may be modified by the City Engineer; and that security in the form
of a bond, certificate of deposit, letter of credit, completion guarantee or cash, in an amount and
form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory
completion of said improvements. Said security shall be posted with the City prior to the issuance
of a building permit or prior to approval of a final subdivision map, whichever occurs first, to
guarantee the installation of the related improvements prior to flnal building and zoning inspections
in accordance with an approved construction phasing plan.
40. That prior to issuance of each building permit, the appropriate Citywide Transportation Impact and
Improvement Fee (as set forth in Chapter 17.32 of the Anaheim Municipal Code) shall be paid to
the City of Anaheim in the amount(s) determined by City Council resolution. Consistent with the
Fee Ordinance, fees may be reduced in consideration of right-of-way dedication and/or Master Plan
of Arterial Highway facility construction.
(SP Condition No. 53)
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TRAFFIC/CIRCULATION (continued)
41. That prior to issuance of building permits for each development phase (as shown on Exhibit No. 1,
titled "Phasing Diagram" and dated November 19, 2001), the property owner/developer shall
provide proof of their participation in the Anaheim Transportation Nefinrork ("TMA") to be created for
the Anaheim Resort and Anaheim Stadium Business Center and coordinated with the I-5 Traffic
Management Plan.
WATER
42. That prior to final building and zoning inspections, the water backflow equipment and any other
large water system equipment shall be installed to the satisfaction of the Public Utilities
Department, Water Utility Division, in either underground vaults or behind the Setback Realm area
in a manner fully screened from all public streets and alleys. Such information shall be specifically
shown on the plans submitted for Final Site Plan approval and for building permits.
(SP Condition No. 60)
42.a That if landscaping areas for the total project exceed two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape
Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall
be specifically shown on the plans submitted for building permits.
42.b That the property owner/developer shall submit a set of improvement plans for Public Utilities Water
Engineering review and approval for determining the conditions necessary for providing water
seruice to the_project.
MISCELLANEOUS
43. That in conjunction with construction of the parking structure, no impact driven piles shall be
allowed.
(SP Condition No. 63)
44. That the property owner/developer shall be held responsible for compliance with the mitigation
measures and for implementation of the project design features identified in Mitigation Monitoring
Plan No. 004 in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the
Pointe Anaheim property owner/developer shall be responsible for any direct costs associated with
the monitoring and reporting required to ensure implementation of those mitigation measures and
project design features identified in Mitigation Monitoring Plan No. 004. Mitigation Monitoring Plan
No. 004, which includes mitigation measures and project design features, is attached and made a
part of these conditions of approval.
(SP Condition No. 67b)
45. That Final Site Plans required pursuant to Condition No. 24, herein, shall be supplemented with the
following plans/materials/information which shall be submitted as part of the Final Site Plan
application for each development phase (as shown on Exhibit No. 1, titled "Phasing Diagram" and
dated IVovember 19, 2001). Ail plans shall be fiully-dimensioned and drawn to scale.
A. A site plan showing all proposed project components including, but not limited to, all
buildings, landscape areas, parking areas, hardscape areas, fountains/water features, works
of art, and the adjacent street improvements.
B. Preliminary Grading Plan for the development phase of the Pointe Anaheim Overlay area,
prepared by a registered civil engineer as required by, and to the satisfaction of, the City
Engineer.
C. Elevation plans showing all views of each proposed building.
CR5245PK.doc -10- PC2001-163
• •
MISCELLANEOUS (continued)
45. D. Floor plans for each building and each level of the parking garage (all parking spaces shall be
dimensioned and the total number of spaces on each level shall be shown on the plan).
E. Roof-top plans for each building showing all roof-top equipment (roof-top equipment is
required to be fully-screened by the architecture of the building and painted in a color to
match the color of the roofl. The roof-top plan of the parking structure shall show City
standard dimensioned parking spaces and/or the hotel amenities which shall serve guests
and patrons of the Pointe Anaheim hotels only. The size, design and type of any hotel
amenity must be shown on the Final Site Plan. Building addresses shall also be shown on
the roof plan (the location and dimensions of the address numbers shall be to the satisfaction
of the Police Department).
F. Landscaping plans showing all proposed planting materials and the proposed landscape
planUtree palette (ten (10) copies), including color photographs, to show the proposed trees,
shrubs and groundcover.
G. Above- and below-ground utility equipment shall be shown on each site plan and landscape
plan. Plans must indicate how any above-ground equipment is fully screened by landscaping
from any public view.
H. Colored renderings (one (1) full-scale set and ten (10) reduced color copies) of the site
improvements to show the building elevations from Harbor Boulevard, Katella Avenue,
Glementine Street, and Disney Way, and vievvs of the interior portions o.f the site.
Additionally, where a development phase adjoins a future development phase (as yet
undeveloped under the Pointe Anaheim Overlay), a colored rendering shall be provided to
illustrate the building elevation(s) facing that future phase.
Material and color boards for each building, including the parking structure, which show that
all building colors, textures and materials shall be compatible between on-site uses.
Material and color boards to show the proposed decorative paving materials for the interior
courtyard areas of the site and pedestrian gathering areas. The submitted plan shall show
the location and dimensions of any proposed pedestrian walkways from the public sidewalk
and from any adjacent existing Pointe Anaheim development phase to the uses in the
proposed phase. The plan shall also show continuity of decorative paving materials between
the proposed development phase and any existing development phase. The design and
location of the walkways shall not impact the placement of trees in the public right-of-way
parkways. In addition, the walkways shall not preclude the planting of the number of trees
required for the setback area by The Disneyland Resort Specific Plan Design Plan.
K. Letter from the property owner/developer indicating how the Final Site Plan is in compliance
with The Disneyland Resort Specific Plan Pointe Anaheim Overlay requirements and
Conditional Use Permit No. 4078, as amended.
L. That the lighting fixture plan shall include the style of the fixtures which shall be compatible
with the project theme.
CR5245PK.doc -11- PC2001-163
i ~
MISCELLANEOUS (continued)
45. M. That any existing adjacent development on the 29.1 acre Pointe Anaheim site shall be shown
on the site plan or other appropriate plan(s) to clearly illustrate the relationship between the
proposed construction on each development phase and existing developmenUuses on
adjoining development phase(s). Such additional information is intended to illustrate vehicfe
and pedestrian circulation between development phases, access to public rights-of-way,
shared parking spaces, continuity of building design and placement (including the parking
structure), lines-of-sight to the interior of the Pointe Anaheim project from public rights-of-way
and adjacent properties, etc.
N. That the developer shall provide information regarding the development status of the other
development phases (i.e., vacant, pre-existing use, construction underway in accordance
with Pointe Anaheim uses, construction completed in accordance with Pointe Anaheim uses,
etc.) for the entire 29.1-acre Pointe Anaheim site.
(SP Condition No. 76)
46. That in connection with submittal of the Final Site Plan application for the Initial Development Phase
(as shown on Exhibit No. 1 titled "Phasing Diagram" and dated November 19, 2001), the property
owner/developer shall submit a coordinated signage program for the entire Pointe Anaheim project
for Planning Commission's review and approval as part of the Final Site Plan application for said
Initial Development Phase. The signs for each subsequent development phase shall be included in
the Final Site Plan application for such subsequent phase, and shall comply with the signage
program approved by the Planning Commission for the Initial Phase, as it may be amended from
~frne ~o ~fine. Tk~e sigFl pFOgFa~ sha44, at a mi~imum, include the following:
A. A sign theme/concept for the Pointe Anaheim project which demonstrates an overall
appearance, quality and type of sign, banner or other display device; the quality of such
signage shall be equivalent to those utilized at Universal City Walk, Fashion Island or Irvine
Spectrum. This is a quality standard and is not intended, nor does it provide, additional
signage rights or permit any specific type of sign which does not conform with the signage
regulations set forth in The Disneyland Resort Specific Plan, as amended per the Pointe
Anaheim Overlay.
B. Sign criteria for interior corporate sponsorship displays (said displays could include
"jumbotrons," banners or placards) which are oriented towards the interior of the Pointe
Anaheim project. The staff report to the Planning Commission shall include a
recommendation by the Planning Director regarding his or her determination as to the
orientation of such displays. Such displays shall not be visible from the public rights-of-way
at an equal efevation as the Pointe Anaheim property line (measured at five (5) feet above
the grade of the sidewalk on the opposite side of the street from the Pointe Anaheim project)
except through the limited view corridors set forth in the Pointe Anaheim Overlay (as shown
on Exhibit 5.8.3.f.5, titled "Interior Signage and Icon/Themed Signage Element Plan," of The
Disneyland Resort Specific Plan No. 92-1 document).
C. Sign criteria limiting interior wall signs from projecting more than fifty percent (50%) of the
vertical height of the sign above the roof parapet or fifty (50%) of the horizontal length of the
sign beyond the side of a building. Such signs shall not be visible from the public rights-of-
way at an equal elevation as the Pointe Anaheim property line (measured at five (5) feet
above the grade of the sidewalk on the opposite side of the street from the Pointe Anaheim
project) except through the limited view corridors set forth in the Pointe Anaheim Overlay (as
shown on Exhibit 5.8.3.f.5, titled "Interior Signage and Icon/Themed Signage Element Plan,"
of The Disneyland Resort Specific Plan No. 92-1 document).
D. Sign Criteria consistent with the adopted sign regulations for the Pointe Anaheim Overlay.
CR5245PK.doc -12- PC2001-163
• •
MISCELLANEOUS (continued)
46. E. Standards for maintenance and replacement of damaged/broken signs and banners and
installation and maintenance of changeable sign copy, neon signage or electronic
readerboards.
F. Prohibited signs include billboards; off-premises or off-site directional signs; on-site
directional guidance and on-site directory signs (as defined in Chapter 18.78.130 of the
Anaheim Municipal Code pertaining to sign regulations for The Disneyland Resort Specific
Plan) which are not part of a coordinated architectural, informational, directional and
regulatory sign system and which have not been approved under subsection
18.78.105.020.0203(e) pertaining to conditionally permitted uses in the Pointe Anaheim
Overlay; paper signs; permanent "come-on" signs (e.g., "sale today," "stop," "look," "going
out of business," etc.); roof signs; vehicle signs (signs mounted or displayed on a vehicle for
advertising purposes) or the parking or storage of advertising vehicles on public or private
property; or replicas of official traffic control signs or signs so similar as to be confusing or
hazardous ta traffic attached to or within the parking structure within the project.
(SP Condition No. 77-A through F)
47. That a maximum of one (1) "non-interior" wall sign consistent with the signage regulations in The
Disneyland Resort Specific Plan No. 92-1 shall be permitted for each major commercial tenant over
ten thousand (10,000) square feet; and that the location of these wall signs shalf be identified on
the building elevations submitted as part of each Final Site Plan application and shall be subject to
the review and approval of the Planning Commission as part of the Final Site Plan.
ES- ~?-Eo~di~ion No: 78}
48. That prior to issuance of each sign permit, the property owner/developer/tenant shall submit a letter
and plans demonstrating that the sign plans conform with the coordinated signage program
approved by the Planning Commission, and with the major commercial tenant wall sign locations
adopted in connection with approval of the Final Site Plan for the underlying development phase.
(SP Condition No. 79)
49. That prior to submittal of the Final Site Plan application for Area A(as shown on Exhibit No. 1, titled
"Phasing Diagram" and dated Novernber 19, 2001), the site plan shall show that the driveway for
Pointe Anaheim and the driveway for the Super 8 Motel at 415 West Katella Avenue have been
redesigned to combine the driveways or to meet the distance requirement set forth in The
Disneyland Resort Specific Plan (i.e., minimum forty (40) foot wide distance between driveways
serving adjacent parcels). If redesigned to combine the driveways, proof of an agreement with the
adjacent property owner shall also be provided to the satisfaction of the City Attorney's Office.
(SP Condition No. 80)
50. That prior to submittal of the Final Site Plan application for the Initial Phase of Development or for
Area A(as shown on Exhibit No. 1, titled "Phasing Diagram" and dated November 19, 2001),
whichever occurs first, the property owner/developer shall submit a street improvement plan to the
Public Works Director for the installation of the ultimate public right-of-way improvements on the
north side of Katella Avenue from Clementine Street to the first Pointe Anaheim project driveway
west of Clementine Street to improve vehicular access to the project. The property
owner/developer shall be responsible for all costs associated with the preparation and processing
of the street improvement plan and all costs associated with the construction of the improvements
to the satisfaction of the Public Works Director. These improvements shall be completed prior to
issuance of the first final building and zoning inspection, or prior to commencement of
activities/uses pursuant to Section 18.02.026.020 of the Anaheim Municipal Code, whichever
occurs first.
(SP Condition No. 81)
CR5245PK.doc -13- PC2001-163
• •
MISCELLANEOUS (continued)
51. That prior to submittal of the Final Site Plan application for Area C and/or Area D(as shown on
Exhibit No. 1, titled "Phasing Diagram" and dated November 19, 2001), the property
owner/developer shall submit a street improvement plan to the Public Works Director for the
construction of a free right-turn lane on the south side of Disney Way from the parking garage
driveway exit to Clementine Street (thirteen (13) foot lane width) in order to improve outbound
parking structure operations. The property owner/developer shall be responsible for all costs
associated with the preparation and processing of the street improvement plan and all costs
associated with the construction of the improvements to the satisfaction of the Public Works
Director. These improvements shall be completed prior to issuance of the first final building and
zoning inspection, or prior to commencement of activities/uses pursuant to Section 18.02.026.020
of the Anaheim Municipal Code, whichever occurs first.
(SP Condition No. 82a)
51.a That prior to submittal of the Final Site Plan application for Area C and/or Area D(as shown on
Exhibit No. 1, titled "Phasing Diagram" and dated November 19, 2001), whichever occurs first, the
property owner/developer shall submit street improvement plans to the Public Works Director for
construction of a driveway on the south side of Disney Way to provide signalized ingress and
egress, including a pedestrian cross walk, between Pointe Anaheim and west and eastbound traffic
along Disney Way. The property owner/developer shall be responsible for all costs associated with
the preparation and processing of said street improvement plans and all costs associated with the
construction of the improvements to the satisfaction of the Public Works Director. These
improvements shall be completed prior to the first final building and zoning inspection for Area C
and[or Area D, whichever occurs first, or prior to commencement of actiuitieslus~s pursuant ~o- -
Section 18.02.026.020 of the Anaheim Municipal Code, whichever occurs first.
51.b That prior to submittal of the Final Site Plan application for Area D(as shown on Exhibit No. 1, titled
"Phasing Diagram" and dated November 19, 2001), the property owner/developer shall submit
street improvement plans to the Public Works Director for construction of a right-turn lane on the
south side of Disney Way from Harbor Boulevard to the mid-block project entrance. The property
owner/developer shall be responsible for all costs associated with the preparation and processing
of the street improvements plan and all costs associated with the construction of the improvements
to the satisfaction of the Public Works Director. These improvements shal! be completed prior to
the issuance of the first final building and zoning inspection, or prior to commencement of
activities/uses pursuant to Section 18.02.026.020 of the Anaheim Municipal Code, whichever
comes first.
51.c That prior to submittal of the Final Site Plan application for Area C(as shown on Exhibit No. 1, titled
"Phasing Diagram" and dated November 19, 2001), the property owner developer shall
demonstrate, to the satisfaction of the Public Works Director, the feasibility of constructing dual left
turn lanes in Disney Way between the mid-block project entrance and Clementine Street; and that
prior to submittal of the Final Site Plan application for Area D(as shown on Exhibit No. 1, titled
"Phasing Diagram" and dated November 19, 2001), the property owner/developer shall construct, to
the satisfaction of the Public Works Director, the dual left turn lanes. The property owner/developer
shall be responsible for all costs associated with the preparation and processing of the street
improvements plan and all costs associated with the construction of the improvements to the
satisfaction of the Public Works Director. Working in cooperation with the City of Anaheim and
property owner on the north side of Disney Way, these improvements shall be completed prior to
the issuance of the first final building and zoning inspection, or prior to commencement of
activities/uses pursuant to Section 18.02.026.020 of the Anaheim Municipal Code, whichever
comes first.
CR5245PK.doc -14- PC2001-163
• •
MISCELLANEOUS (continued)
52. That prior to submittal of the Final Site Plan applications for Area C and Area D(as shown on
Exhibit No. 1, titled "Phasing Diagram" and dated November 19, 2001), the property
owner/developer shall redesign the site plan adjacent to the Disney Way improvements addressed
in Condition No. 51, herein, (Condition No. 82a of The Disneyland Resort Specific Plan) to maintain
the minimum building setbacks adjacent to Disney Way.
(SP Condition No. 82b)
53. This condition was intentionally deleted at the November 19, 2009 Planning Commission public
hearing.
54. That in connection with submittal of the Final Site Plan application for each development phase, the
property owner/developer shall provide information regarding the ownership and/or long term lease
status of each of the underlying parcels, including any airspace or vertical subdivision, of the 29.1
acre Pointe Anaheim project (i.e., whether the parcels are owned, leased, under negotiation, etc.).
(SP Condition No. 84)
55. That in connection with submittal of the Final Site Plan application for each development phase, the
property owner/developer shall submit the anticipated construction schedule for each of the
remaining project components by development phase; and that an updated schedule shall be
submitted to the Planning Department every six (6) months until the project is compfeted.
(SP Condition No. 85)
56. That the Pointe Anaheim_project will result in the reconstruction (including relocation and
realignment) of street improvements (including, but not limited to, driveway approaches,
streetscape, landscape and bus stop improvements) along Katella Avenue, Harbor Boulevard,
Disney Way and Clementine Street. The property owner/developer shall be responsible for all
costs associated with the preparation and processing of plans for these street improvements and all
costs associated with the construction of the improvements to the satisfaction of the Public Works
Director.
A. Prior to approval of the Final Site Plan application for each development phase (as shown on
Exhibit No. 1, titled "Phasing Diagram" and dated November 19, 2001), the property
owner/developer shall submit a preliminary public right-of-way improvement plan that
addresses the proposed improvements. This plan shall be consistent with the Anaheim
Resort Identity Program, the Anaheim Resort Public Realm Landscape Program and the
criteria and construction details that are shown on the approved Katella Avenue and Harbor
Boulevard improvement plans. The preliminary plan shall be prepared to the satisfaction of
the Public Works Director and be reviewed and approved by the Public Works Director prior
to the approval of each Final Site Plan.
B. Prior to approval of the Final Site Plan application for each development phase, the property
owner/developer shall submit a plan, as required by the Public Works Department for review
and approval by the Public Works Director, identifying (and updating) the sequence and
timing of ali street improvements along Disney Way, Clementine Street, Katella Avenue and
Harbor Boulevard. Said street improvement plans shall include all driveways, traffic signals,
pedestrian cross walks, etc. The phasing and timing for commencing and completing any or
all of the street improvements shall be as required by Public Works Director.
C. Prior to issuance of the first building permit for each development phase, the final plan for the
street improvements associated with the underlying devlopment phase shall be prepared to
the satisfaction of the Public Works Director and be reviewed and approved by the Public
Works Director.
CR5245PK.doc -15- PC2001-163
• •
MISCELLANEOUS (continued)
56. D. Prior to the first final building and zoning inspection for each development phase, or prior to
commencement of activities/uses pursuant to Section 18.02.026.020 of the Anaheim
Municipal Code, whichever occurs first, the street improvements associated with the
underlying development phase as shown on the approved plan shall be completed to the
satisfaction of the Public Works Director.
(SP Condition No. 86)
57. That the property owner/developer shall be responsible for all costs associated with the review of
each Final Site Plan application by an architect, licensed by the State of California and selected by
the City, to review the Final Site Plan for conformance with Section 5.0 "Design Plan" of The
Disneyland Resort Specific Plan. The property owner/developer shall pay all costs associated with
this review prior to each Final Site Plan being scheduled for a Pfanning Commission meeting.
(SP Condition No. 87)
58. That prior to approval of each Final Site Pfan, plans shall show that no less than twenty percent
(20%) of the interior courtyards of the Pointe Anaheim project shall be landscaped with a variety of
shrubs, groundcover, mature trees and potted plants to create a lush garden environment for the
pedestrian (this landscaping is in addition to the required landscaped setback areas). Seating
areas and decorative features including, but not limited to, interactive and decorative water
fountains and works of art, may also be included in this percentage. Adjacent to sofid portions of
building walls (i.e., where there are no store-front windows), small grouping of trees or shrubs,
raised planters and site furnishings shall be located to minimize views of blank walls.
(SP Condition No: ~8) -
59. That prior to approval of each Final Site Plan, a line-of-sight study shall be submitted for review and
approval by the Planning DeQar#ment which shows that the light poles on the roof-top areas of the
parking structure shall not be visible from the adjacent public rights-of-way, as measured from a five
(5) foot high view point from adjacent off-site areas.
(SP Condition No. 89)
60. That no exterior-mounted air conditioning facilities shall be permitted in the Pointe Anaheim
Overlay.
(SP Condition No. 90)
61. That prior to approval of each Final Site Plan, elevation plans shall show that all plumbing or other
similar pipes and fixtures located on the exterior of a building or structure shall be fully screened by
the architecture of the building; that all exterior appurtenances such as conduits shall be minimized
and integrated into the structure; and that any rain gutters and downspouts and vents shail be
finished to match the building materials and/or colors.
(SP Condition No. 91)
62. That prior to approval of each Final Site Plan, plans shall show how all on-site service and loading
area operations shall be fully-screened from the public rights-of-way.
(SP Condifion No. 92)
63. That prior to approval of each Final Site Plan, plans shall show that major project entries shall be
enhanced with a more densely planted shrub palette utilizing annual color, perennial color and
accent trees.
(SP Condition No. 93)
CR5245PK.doc -16- PC2001-163
~ •
MISCELLANEOUS (continued)
64. That in the event that the building shown in the middle of the Harbor Boulevard view corridor on Exhibit
5.8.3.f.5 (titled "Interior Signage and Icon/Themed Signage Element Plan") of The Disneyland Resort
Specific Plan No. 92-1 document, is destroyed or proposed to be removed for any reason, it shall be
replaced with the construction of an equivalent structure (same size and dimensions shown on said
Exhibit 5.8.3.f.5 and on Exhibit No. 7(titled "Elevations, West Elevation - Harbor Boulevard," dated
November 19, 2001) approved in connection with this conditional use permit) in order to provide for the
same limited views of the interior signage in this view corridor. Prior to approval of a demolition permit
for said building, a Final Site Plan showing the design of the replacement structure shall have been
reviewed and approved by the Planning Commission and a building permit shall have been issued for
the new building. Construction of the new building shall commence immediately following demolition of
the said building. Prior to issuance of a building permit for said building, an unsubordinated covenant
providing for the reconstruction, approved by the Planning Department and in a form satisfactory to the
City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded
covenant shall be submitted to the Planning Division of the Planning Department.
(SP Condition No. 94)
65. That prior to advertising for any special event which will draw visitors to the Pointe Anaheim project,
the details of said event shall be submitted to and approved by the City Traffic and Transportation
Manager.
(SP Condition No. 95)
66. A. That granting of the parking waiver is contingent upon operation of the use in conformance
with ~he ass~~p~io~s a~dlor conclusians ~el~~i~g ta ~he opeFation and in#~~-si~y o~ ~s~ ~s
contained in the Pointe Anaheim Transportation Study (Revised), dated March 12, 2001 and
prepared by Meyer, Mohaddes Associates, Inc., that formed the basis for approval of said
waiver. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions and/or conclusions, as contained in the Pointe Anaheim Transportation Study
(Revised), shall be deemed a violation of the expressed conditions imposed upon said waiver
which shall subject this conditional use permit to termination or modification pursuant to the
provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. (The Pointe
Anaheim Transportation Study (Revised), dated March 12, 2001 and prepared by Meyer,
Mohaddes Associates, lnc., is an appendix to the Addendum to the Pointe Anaheim Initial
Study and Mitigated Negative Declaration, dated October 29, 2001.)
B. That prior to submittal of the Final Site Plan application for each development phase (as
shown on Exhibit No. 1, titled "Phasing Diagram" and dated November 19, 2001), the
property owner/developer shall submit a parking analysis to the City Traffic and
Transportation Manager for review and approval, showing that the proposed number of
parking spaces will be adequate for said phase (i.e., the proposed land uses and building
areas). Further, because the parking for the Pointe Anaheim project will be shared between
multiple land uses, said analysis shall include information regarding the number of parking
spaces, the land uses and the building areas in the previously approved phases.
CR5245PK.doc -17- PC2001-163
~ `
MISCELLANEOUS (continued)
66. C. That following completion of the Pointe Anaheim project and on-going during project
operation, the property owner/developer shall submit an annual parking demand study to the
City Traffic and Transportation Manager for review and approval, to assess the adequacy of
parking for the Pointe Anaheim project. The study shall be paid for by the property
owner/developer and shall be prepared to the satisfaction of the City Traffic and
Transportation Manager. The study shall evaluate the peak parking utilization for the entire
project to determine whether the available parking is adequate or whether additional parking
is needed. If the study indicates that parking is deficient, then additional parking spaces, up
to a project total of 4,800 spaces, shall be provided in accordance with the recommendations
of the evaluation and in conformance with The Disneyland Resort Specific Plan. The parking
demand study shall be prepared annually unless otherwise required by the City Traffic and
Transportation Manager.
67. That subject property shall be developed in substantial conformance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 9(dated November 19, 2001), as follows:
Exhibit No. 1 "Phasing Diagram"
Exhibit No. 2 "Overall Plan - Level 1- Street Level"
Exhibit No. 3 "Overall Plan - Level 2"
Exhibit No. 4 "Overall Plan - Level 3"
Exhibit No. 5 "Overall Plan - Conference Center and Hotel Towers"
ExF~fbt~No- 6 "East ElevatioFl - C4emertti~e S~reet;
and South Elevation - Katella Avenue"
Exhibit No. 7 "West Elevation -Harbor Boulevard,
and North Elevation - Disney Way"
Exhibit No. 8 "North Elevation - Phase 1"
Exhibit No. 9 "Section A- Thru Grand Hotel/Retail/Parking,
and Section B- Thru Toy Hotel/Retail/Parking."
The Pointe Anaheim project will be developed in accordance with the quality, design and
architectural integrity as shown on the illustrative exhibits. The referenced exhibits are conceptual
and development options included in the project are not all depicted on the exhibits.
Additionally, in accordance with subsection 18.78.130.020.0201(b)(2) of the Anaheim Municipal
Code, the view corridors shall be shown on the Final Site Plans for those development phases
which have view corridors, as shown on Exhibit 5.8.3.f.5 "Interior Signage and Icon/Themed
Signage Element Plan" of The Disneyland Resort Specific Plan No. 92-1 document); and that the
widths of those view corridors shall not exceed the corridor widths shown on said Exhibit 5.8.3.f.5.
The Pointe Anaheim project shall be developed in accordance with the quality, design and
architectural integrity as shown on the illustrative Exhibit Nos. 10 through 12 (dated November 19,
2001), which exhibits are on file with the Planning Department.
The following four exhibits (dated November 19, 2001) illustrate and summarize development
alternates for the Initial Phase:
Exhibit No. 13 "Initial Phase ALT-I"
Exhibit No. 14 "Initial Phase ALT-II"
Exhibit No. 15 "Initial Phase ALT-111"
Exhibit No. 16 "East Elevation (Initial Phase ALT-III)
and North Elevation (Initial Phase ALT-III)"
CR5245PK.doc -18- PC2001-163
. •
MISCELLANEOUS (continued)
68. That the Pointe Anaheim project shall be developed in up to five (5) development phases, as shown
on Exhibit No. 1, titled "Phasing Diagram" and dated November 19, 2001, as follows:
A. The property owner/developer shafl obtain approval of Final Site Plans, obtain the
appropriate building and other permits, and commence construction of the Initial Phase within
a period of three (3) years from the date of this resolution.
B. The property owner/developer shall complete the construction of and open the improvements
comprising the Initial Phase within a period of two (2) years after commencement of
construction of the Initial Phase. "Opening" of the improvements shall be defined as the
opening of at least seventy five percent (75%) of the total square footage of the uses within
the underlying phase.
C. Following the Initial Phase, the property owner/developer shall use reasonable commercial
efforts to commence construction of subsequent development phases within approximately
two (2) years, but in no event later than four (4) years, following the opening of the previous
phase, provided the timing of each subsequent phase will depend primarily on market
demand at the time, the availability of project financing, and acquisition of land for the
proposed uses.
D. The property owner/developer shall complete the construction and open the improvements
comprising each subsequent development phase within a period of two (2) years after the
builefing permi~s #or ~aid pFiaseweFe-iss~red; : provided, however, that the #inal development
phase shall commence construction within a period of ten (10) years from the date of this
resolution.
Extensions for further time to comply with these conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
69. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
70. That any time limitation set forth in the conditions of approval to this Conditional Use Permit No.
4078, as amended, shall be tolled during the period of time that the project is delayed due to any
third-party litigation and/or administrative proceedings (not including any administrative proceedings
contemplated by the Conditions of Approval); any approval required by the City (not including any
period of time normally expected for the processing of such approvals in the ordinary course of
affairs); enactment of conflicting state or federal laws or regulations; judicial decisions; initiative or
referendum; moratoria; war; insurrections; strikes; walk-outs; riots; floods; earthquakes; fires;
unavoidable casualties; acts of God; or similar basis for excused performance which are not within
the reasonable control of the property owner/developer.
71. That approval of this conditional use permit is contingent upon the approval and adoption of
General Plan Amendment No. 393, Amendment No. 5 to The Disneyland Resort Specific Plan, and
Amendment No. 3 to the Anaheim Resort Public Realm Landscape Program.
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MISCELLANEOUS (continued)
72. That the property owner/developer shall construct the Pointe Anaheim project in up to five (5)
phases and in accordance with the following limitations:
A. The property owner/developer will not seek to change the entitlements for the one thousand
six hundred sixty two (1,662) hotel rooms/suites to any other use; provided, however, that
the owner/developer may elect to construct up to finro hundred (200) vacation ownership
resort units in Area D or Area E(as shown on Exhibit 1, titled "Phasing Diagram" and dated
November 19, 2001) in lieu of two hundred (200) hotel rooms/suites;
B. The hotel rooms will be developed as an integral part of the Pointe Anaheim project; and
C. The design of the Pointe Anaheim project shall incorporate the hotels as integral components
of the site plan, and the Pointe Anaheim projecYs construction shall be consistent with said
plan;,
73. That a public art element shall be installed within the boundaries of the Pointe Anaheim project.
Prior to approval of the Final Site Plan application for the Initial Phase of development, the public
art element concept (including dimensions, location and timing for installation), shall be submitted to
the City of Anaheim for review and approval. The public art element shall be installed prior to the
first final building and zoning inspections for the structures or components in the development
phase in which it is proposed to be located, excluding the parking structure.
74. A: That prior ~o fssuance of any perFni~ by ~h@ City of Anaheim ~or constFUCtion ir~ ar~y
development phase(s) of the Pointe Anaheim project, all pre-existing land uses, buildings and
structures on the property underlying said development phase(s) shall have been removed;
and that the property owner/developer shall have obtained the appropriate permits from the
City for the removal or demolition off such buildings or structures. In no event shall any land
use, building, structure and/or other improvement approved in connection with the Pointe
Anaheim project be allowed in addition to pre-existing land uses and/or structures.
B. That the land uses permitted in each development phase shall comply with those specified in
Exhibits 5.8.3.f.1 (Street Level), 5.8.3.f.2 (Level 2), 5.8.3.f.3 (Level 3) and 5.8.3.f.4 (Roof
Plan) of The Disneyland Resort Specific Plan No. 92-1 document and as shown on Exhibit
Nos. 2, 3, 4 and 5, approved pursuant to Condition No. 67, herein.
C. That the project development density shall not exceed that which is specified in Exhibit 3.3.6b
titled "Pointe Anaheim Overlay Development Program" of The Disneyland Resort Specific
Plan No. 92-1 document.
75. That any future development phase of the Pointe Anaheim project or any portion of the underlying
property comprising the Pointe Anaheim Overlay which becomes vacant shall comply with
subsection 18.78.050.100.1010 of the Anaheim Municipal Code pertaining to required screening of
vacant land in The Disneyland Resort Specific Plan No. 92-1.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions set forth herein. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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•
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 19, 2001.
~
CHAIRPER N, ANAHEIM CI LANNING COMMISSION
ATTEST:
~f ~-~.~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 19, 2001, by the following vote of the members thereof:
AYES: COMMtSSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS,
VANDERBILT
NOES: COMMISSIONERS: NONE
A~~~NT:- GOMMlS~I~~lEE2S: N~NE
~ ~
IN WITNESS WHEREOF, I have hereunto set my hand this l day of
~ , 2002.
~ ~t„°
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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